Northern Ireland Office

Proposals for a complete reform of the law on sexual offences in Northern Ireland which will achieve parity with the rest of the UK were unveiled today by Criminal Justice Minister Paul Goggins MP.  

The draft Sexual Offences (NI) Order 2007 will provide tough new legislation to strengthen protection against sexual crime and will see the removal of all current offences, some of which date back to the 19th century.  

Paul Goggins said: “The proposed legislation will see a complete overhaul of the law on sexual offences in Northern Ireland and will provide the same level of protection as in England and Wales.

“It will modernise offences, remove antiquated laws and has at its core protection of the public.

“The proposed legislation will strengthen protection for children and vulnerable groups against abuse and exploitation, and enable offenders, particularly abusive offenders, to be appropriately punished.

“Importantly the proposals will broaden the definition of rape, make evidential changes to, and give a statutory definition of, consent, to help juries reach decisions in the most difficult of cases.

“The protection of children from abuse is central to the proposals and there will be maximum protection for all children under the age of 13 where any sexual activity can be prosecuted as rape or assault without any reference to the issue of consent.

“There will be new offences to protect against the sexual abuse of children under 18 in family circumstances, offences to protect under 18s against abuse by those in a position of trust, and it will remain illegal to pay for sex with someone under 18 or to take indecent photographs of someone under that age.”   

The legislation will also equalise with the rest of the UK the age at which young people can have their consent to sexual activity recognised by the law.

Tougher sentences will be available to the courts for sexual activity with a child under 16, and life sentences made available for the most serious sexual assaults as well as rape.

The proposals also contain new offences to deal with problems related to prostitution and tougher sentences for those who run or manage brothels.

He said: These are very important issues and I look forward to hearing the views of all interested parties during the statutory consultation period.”

The consultation will run until 5 February 2008. Views and comments from any organisation or individual with an interest in this issue are welcome on all aspects of the draft Order.

Notes to Editors:

1.The Order:

Strengthens protection for all against sexual assault

Improves protection for children and young people against abuse and exploitation

Improves protection for other vulnerable groups

Tackles prostitution and commercial exploitation

Modernises, harmonises and consolidates the law

2.What the Order does: summary

Clarifies the law

•'consent' is given a legal definition – this will make it easier for juries to make fair and balanced decisions on the question of consent, and sends a clear signal to men that they can't make assumptions

•the meaning of rape has been expanded to include oral penetration

•there is an absolute zone of protection for children under 13 who can now never legally consent to sexual activity. Maximum sentences range from 14 years to life.   

•all sexual activity with children under 16 is illegal.  Even if an act appeared to be consensual a defendant will still be guilty and liable to a max of 14 years in prison (5 years if defendant under 18). This equalises with the rest of the UK the age at which young people can have their consent to sexual activity recognised by the law.

Creates new offences

•to protect against particularly serious forms of sexual assault

•to protect young people under 16, and in some cases under 18, from exploitation and abuse

•to protect other vulnerable people from exploitative sexual behaviour

•to help protect adults against 'date rape' drugs

•To criminalise soliciting and kerb crawling for prostitution

Strengthens sentences

•For sexual activity with children – from a max of 10 years for indecent assault and indecent conduct towards a child to 14 years for sexual activity with a child and life for serious assaults on children under 13.

•For sexual activity with someone aged 14 or 15 - currently 2 years for UCK or indecent assault but a max of 14 years in the Order providing the defendant is over 18.    

•For the most serious sexual assaults, not including rape  – from 10 years to life

•For keeping a brothel – up to 7 years

Stops discrimination

•all sexual offences now apply equally to males and females of any sexual orientation

•brings NI into line with the rest of the UK

3.The explanatory memorandum to the Order provides specific details of all the legislative proposals.

4.The proposals are fair and non-discriminatory in accordance with the ECHR, Human Rights Act and the Northern Ireland Act 1998.

5.The consultation will run from 20 November 2007 until 5 February 2008.

6. Download the draft Order and Explanatory Memorandum. Copies in other formats can be made available on request, by writing to:

Sexual Crime Unit

Criminal Justice Directorate

Northern Ireland Office

Massey House

Stoney Road

Belfast

BT4 3SX